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Showing 1–19 of 19 articles for “election offense”

COMELEC Can Disqualify Candidates for Indirect Election Fraud: Noveras Case

The Supreme Court clarifies when the COMELEC may disqualify a winning candidate for indirect election offenses under Section 261(e) of the Omnibus Election Code.

Inordinate Delay in Election Offense Cases: Protecting Your Right to Speedy Disposition

Learn how the Supreme Court protects the right to speedy disposition of cases, using the Figueroa v. Sandiganbayan ruling as a guide.

COMELEC Cannot Disqualify Candidates for Election Offenses: Erice v. COMELEC

The Supreme Court rules COMELEC exceeded its jurisdiction in disqualifying a candidate for an election offense not listed under Section 68 of the Omnibus Election Code.

Election Offenses: The 45-Day Ban on Releasing Public Funds for Livelihood Programs

Supreme Court clarifies the 45-day election ban on public fund releases covers LGU livelihood programs, not just DSWD projects.

Election Offenses and Double Jeopardy: The Limits of Prosecutorial Power in the Philippines

The Supreme Court clarifies when an acquittal in an election offense case is final, and why the prosecution cannot appeal it without violating double jeopardy.

Safeguarding Electoral Independence: Limits of DOJ-Comelec Collaboration in Election Offense Probes

The Supreme Court upholds joint DOJ-Comelec preliminary investigations for election offenses, clarifying constitutional limits on collaboration.

Revocation OF Authority Comelecs Power Over Delegated Election Offense Prosecution

Election Offenses and Probable Cause: The COMELEC's Role in Safeguarding Electoral Integrity

The Supreme Court clarifies the COMELEC's authority to find probable cause for election offenses and its limits on disqualification cases after proclamation.

Election Offenses and Court Jurisdiction: Defining the Boundaries of Legal Authority

The Supreme Court clarifies which courts have jurisdiction over election offenses under the Omnibus Election Code.

Electoral Misrepresentation: Occupation vs. Qualifications in Philippine Law

When does a false statement in a certificate of candidacy become an election offense? The Supreme Court clarifies in Lluz v. COMELEC.

Charged With A Major Crime Philippine Law on Lesser Offenses Explained

Learn how Philippine courts treat charges for election offenses, the importance of the information's factual recital, and the rules on appeals.

Good Faith as a Defense in Philippine Election Offenses: The Garcia Case

When can good faith excuse an election officer's error? The Garcia ruling explains intent in vote canvassing offenses under RA 6646.

Judicial Overreach: The Limits of Preliminary Investigation in Election Offenses

When a judge conducted preliminary investigation on an election offense, the Supreme Court ruled this exceeds judicial authority and constitutes gross ignorance of the law.

Finality of Comelec Resolutions in Election Offense Cases: Reconsideration and Judicial Review

When is a Comelec resolution final in election offense cases? The Supreme Court clarifies the rules on reconsideration and judicial review.

Electoral Integrity Safeguarding Votes Against Tampering And Manipulation

The Supreme Court ruled that glaring vote discrepancies in election returns, certificates of canvass, and statements of votes constitute probable cause for election offenses under RA 6646.

Preventive Suspension of Public Officials: Graft Law Applies to Election Offenses

Unauthorized use of government property is fraud, so preventive suspension under the Anti-Graft Law applies even in election offense cases.

Sheriffs Authority VS Abuse OF Power Defining Limits IN Foreclosure Proceedings

When can courts suspend public officials? Juan v. People clarifies preventive suspension under the Anti-Graft Law for election offenses.

Philippine Election Law: RTC Jurisdiction Over Election Offenses Despite Lower Penalties

Philippine Supreme Court ruling: Regional Trial Courts keep exclusive jurisdiction over election offenses even if penalties are six years or less.

COMELEC's Power to Prosecute Election Offenses: Independent Authority Affirmed

Supreme Court affirms COMELEC's exclusive authority to prosecute election offenses, ruling that deputized prosecutors cannot override its decisions.